Anatomy of a mineral deed, part 9 of 11
The warranty clause in a mineral deed
The grantor's promise about title: general warranty, special warranty, or none at all.
and Grantor does hereby bind Grantor and Grantor's heirs, executors and administrators to warrant and forever defend all and singular the said interest unto Grantee against every person whomsoever lawfully claiming or to claim the same or any part thereof.
What it is
A general warranty promises to defend the title against anyone. A special warranty promises only against claims "by, through or under" the grantor. A quitclaim or a deed "without warranty" promises nothing.
A warranty is a promise. It does not prove that the grantor owned the interest; the chain of title does that.
What to check
Did the grantor promise to defend the title, and against whom?
- General, special, or no warranty.
- Whether the warranty is limited to part of the interest or excludes listed matters.
- With a warranty, an interest the grantor acquired after signing can pass to the grantee. That matters when an heir signed before an estate was settled.
Where it goes wrong
Treating a warranty as proof of ownership. If someone else claims the interest, the chain decides, and the warranty is a separate question for an attorney.
See the warranty on the sample deed
Related
We are landmen, not attorneys. This page explains how mineral deeds are usually read. What your deed means can turn on its exact words and on Texas law, and a title opinion comes from an attorney.
Want us to read yours?
Tell us what your deed says and what you want to know. We can read the deed and explain what it conveys, or pull the chain of title in the county records and show how the interest reached you. We read every request and can reply by email.
For a lease, a division order or a check you cannot read, Landman Help works for owners. For a full runsheet or title packet, Landman Services runs the county records.